Recent claims of unilateral, independent executive power have renewed the debate over presidential authority. The Framers, however, adopted a system of separate branches with predominantly mixed rather than independent powers. President George Washington's proclamation of 1793 demonstrated how the system works. The system's inherent ambiguities led Justice Robert H. Jackson to describe executive power by the standards used to evaluate its exercise. Jackson's description remains accurate, and the system of concurrent authorities remains necessary to protect against tyranny while enabling the president to lead.This issue of Presidential Studies Quarterly examines the powers of the president of the United States to deal with issues of national security. The attacks on the United States of September 11, 2001 led to claims and actions concerning presidential power that reignited this enduring debate. Participants in this symposium have been asked to answer the following questions:1. Did the Framers adopt the British war model theory (Blackstone, Locke)? 2. Does the theory of executive prerogative operate without limits from the legislative and judicial branches? 3. What role did the Framers anticipate for the courts in matters of war and national security? 4. What role did the Framers anticipate for Congress in matters of war and national security? 5. What is the scope of the president's power as commander in chief? That title provides unity of command and also assures civilian supremacy over the military. What else?What are the limits, if any?These are good questions. But abstract questions about the powers allocated by the Constitution to the president, or to the other branches of government, are by their nature inadequate vehicles for understanding the meaning of the powers at issue. Abstract Abraham D. Sofaer is George P. Shultz
This bill has not been reintroduced. 3. The most striking example is United States v. Nixon, 418 U.S. 638 (1974), in which a unanimous Supreme Court refused to allow the President to decide unilaterally what information to submit in response to a judicial subpoena. Title 111 of the Omnibus Crime Control and Safe
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